ALPHONSO CAVE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alphonso Cave was convicted of first-degree murder and sentenced to death, but appealed arguing the trial court failed to enter written findings of fact as required by statute. The Florida Supreme Court held that the trial judge's oral dictation of findings at sentencing, when transcribed, satisfies the statutory requirement, but nonetheless remanded to ensure written findings are formally entered in the appellate record.
The court held that dictation of findings by the trial judge at sentencing, when transcribed, constitutes written findings of fact satisfying section 921.141(3) and does not require vacation of the death sentence or remand for life imprisonment. However, the court remanded to require formal written findings be entered as a supplement to the appellate record.
[1] Dictation of findings supporting a death sentence into the record, when transcribed, constitutes a written finding of fact sufficient for appellate review.
[2] A trial court's oral pronouncement of findings supporting a death sentence, transcribed into the record, satisfies statutory requirements for written findings.
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Join FLexlaw to unlock all legal intelligence“In each case in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact based upon the circumstances in subsections (5) and (6) and upon the records of the trial and the sentencing proceedings.”
States the statutory requirement for written findings in death penalty cases that Cave argued was violated.
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Join FLexlaw to unlock all legal intelligenceAlphonso Cave was found guilty of first-degree murder and sentenced to death by the trial court. The trial judge dictated his findings in support of t…
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PER CURIAM.
Appellant, Alphonso Cave, was found guilty of first-degree murder and sentenced to death by the trial court. On January 28, 1983, appellant filed a timely notice of appeal which is currently pending before this Court. On November 3, 1983, appellant moved to dismiss for lack of jurisdiction and, further, that the death sentence be vacated, that the cause be remanded for the imposition of a sentence of life imprisonment, and that the matter be directed to the Fourth District Court of Appeal for further appellate review. As grounds therefor the appellant cites section 921.141(3), Florida Statutes (1981) which reads in pertinent part:
In each ease in which the court imposes the death sentence, the determination of the court shall be supported by specific written findings of fact based upon the circumstances in subsections (5) and (6) and upon the records of the trial and the sentencing proceedings. If the court does not make the findings requiring the death sentence, the court shall impose sentence of life imprisonment in accordance with s. 775.082.
Because of this alleged omission, appellant contends that the trial court’s order imposing the death sentence is null and void and requires the imposition of a life-sentence.
Appellee, State of Florida, agrees that no separate written findings of facts are contained in the record on appeal but, instead, moves this Court to temporarily relinquish jurisdiction to the trial court so that the written findings required under section 921.141(3), Florida Statutes (1981), may be prepared by the trial court and the record on appeal supplemented with these written findings.
It must be stressed that the trial judge did dictate his findings in support of the sentence of death into the record at the time of sentencing. We have previously held that “[s]uch dictation, when transcribed, becomes a finding of fact in writing and provides the opportunity for meaningful review, as required by 921.141, Florida Statutes.” Thompson v. State, 328 So. 2d 1 (Fla.1976). Accordingly, we deny appellant’s motion to dismiss for lack of jurisdiction to vacate the death sentence, to remand for imposition of a life sentence, and to order this matter to the Fourth District Court of Appeal for further appellate review.
Nevertheless, we find it prudent to require that written findings of fact be entered into the record on appeal and grant appellee's motion to relinquish jurisdiction and to supplement the record. Accordingly, this cause is temporarily remanded to the trial court so that written findings of fact as required under section 921.141(3), Florida Statutes (1981), may be prepared by the trial court and entered as a supplement to the record on appeal.
It is so ordered.
ALDERMAN, C.J., and BOYD, OVER-TON, McDonald, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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State v. Jackson, 478 So. 2d 1054 (Fla. 1985)…arvey v. State, 450 So. 2d 926 (Fla. 4th DCA 1984). The Fourth District Court of Appeal receded from its Harvey decision in Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985). . We have consistently enforced similar provisions. See Cave v. State, 445 So. 2d 341 (Fla.1984) (remanding to trial court for written findings for imposition of death penalty as required by § 921.141(3)1, Fla.Stat. (1981)); State v. Rhoden, 448 So. 2d 1013 (Fla.1984) (requiring the decision to impose adult sanctions on a juvenile to…
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Linroy Bottoson v. Moore, 833 So. 2d 693 (Fla. 2002)…e's requirements and prepared written, specific findings of fact with regard to the aggravating circumstances, this Court would either require the court to supplement the record with the specific findings that are required, see, e.g., Cave v. State, 445 So. 2d 341 (Fla.1984), or possibly, depending on the facts of the case, we would vacate the sentence and remand for the imposition of a life sentence. See, e.g., Van Royal v. State, 497 So. 2d 625, 628 (Fla.1986); see also Christopher v. State, 583 So. 2d 642,…
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Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)…onment in accordance with s.775.082. It is true that our supreme court in 1976 held that dictation into the record when transcribed met the requirements of the statute. Thompson v. State, 328 So. 2d 1 (Fla.1976). In 1984, however, in Cave v. State, 445 So. 2d 341 (Fla.1984), the court stated: It must be stressed that the trial judge did dictate his findings in support of the sentence of death into the record at the time of sentencing. We have previously held that “[sjuch dictation, when transcribed, becomes…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thompson v. State, 328 So. 2d 1 (Fla. 1976)